Text c The Miranda Warning

You are going to read about Mr. Miranda’s case. Divide the text in paragraphs and head each of them.

"You have the right to remain silent; anything you say can be used against you...", these are the words of the "Miranda warning" which was created as a result of 1966 United States Supreme Court case, Miranda vs Arizona. It began when Ernesto Miranda was arrested at his home and taken into custody to the police station, where he was identified by a witness as the man who had kidnapped and raped a woman. Police officers took Mr. Miranda into an interrogation room and two hours later emerged with a written confession signed by Mr. Miranda that also stated that the confession was made voluntarily and with full knowledge of his legal rights. The officers, however, failed to advise Mr. Miranda that he had a right to have an attorney present.

The United States Supreme Court ruled that the confession could not be used as evidence of Mr. Miranda's guilt because he was not fully advised on his legal rights, which included the right to have his attorney present. The Fifth Amendment to the United States Constitution states that no person can be deprived of life, liberty, or property, without due process of law.

To ensure that other accused criminals are made aware of their constitutional rights, the Supreme Court ruled that a suspect who is taken into custody and interrogated must receive a warning of the following rights: the right to remain silent, that anything he says can be used against him in a court of law, that he has a right of the presence of an attorney, and that if he can not afford an attorney, one will be appointed for him prior to any questioning if he so desires. The 'Miranda warning' is now applied by law officers throughout the United States as a result of this ruling.

Vocabulary

confession n признание; признание в совершении преступления

custody n задержание; содержание под стражей; take into custody взять под

стражу

deprive v лишать

emerge v возникать; появляться

empower v уполномочивать

interrogation n допрос

police station n полицейский участок

rape v изнасиловать

rule v установить, постановить; rule n 1 правовая норма; 2 постановление;

приказ; ruling n решение (суда); постановление

vs abbreviation from versus против

warning n предупреждение

Reading tasks

Answer these questions.

1 Why is the warning about the legal rights of the American citizens called “the Miranda Warning”?

2 Why did the court rule that Mr. Miranda’s confession couldn’t be used against him?

3 What is the aim of the US Supreme Court ruling?

Supplement legal expressions. Use your legal dictionary.

A Match the following English expressions with their Russian equivalents.

1	credit for time in custody	a	возвращение под стражу
2	defendant not in custody	b	дальнейшее содержание под стражей
3	detention in custody	c	передать, препроводить под стражу
4	escape by person in custody	d	допрос лица, находящегося под стражей
5	in-custody confession	e	содержать под стражей
6	in-custody interrogation	f	зачёт времени пребывания под стражей
7	person in custody	g	лицо, содержащееся под стражей
8	remand in custody	h	освободить из – под стражи
9	retention in custody	i	побег из – под стражи
10	to discharge from custody	j	подсудимый, находящийся на свободе
11	to keep in custody	k	признание, сделанное лицом, находящимся под стражей
12	to submit to custody	l	содержание под стражей

B Fill in the gaps in the text below with the appropriate words from the box.

A policeman was sent to 1) ______ the disappearance of some property from a hotel. When he arrived, he found that the hotel staff had caught a boy in one of the rooms with a camera and some cash. When the policeman tried to 2) _______ the boy, he became violent and the policeman had to 3) _______ him. At the police station the boy could not give a satisfactory explanation for his actions and the police decided to 4) ______ him with the 5) ______ of the camera and cash. They took his 6) ______, locked him in a 7) ______, and 8) ______ him overnight. The next morning he appeared in 9) ______ before the 10) ______. He took an 11) ______ and 12) ______not guilty. Two 13) ______ the owner of the property and a member of the hotel staff, gave 14) ______. After both sides of the case had been heard the boy was 15) ______ guilty. He had to pay a 16) ______ of $ 50 and he was given a 17) ______ of three months in prison suspended for two years.

C Fill in the gaps with the prepositions from the box. Some of these can be used more than once. If no preposition is necessary, leave the space empty.

1. He's being kept ______ custody.

2. He was sentenced ______ five years.

3. She got a sentence ______ six months.

4. He was accused ______ murder.

5. She's been charged ______ theft.

6. He appeared ______ court ______ handcuffs.

7. They were brought ______ the judge.

8. The prosecution tried to discredit ______ the defense witness.

9. I would like to report ______ a theft.

10. If you don’t tell me you’ll be charged ______ withholding evidence.

11. During the appeal he claimed that the original judge had been biased in favour ______ the plaintiff.

D All the verbs in the box relate to legal matters. Use them to complete the sentences.

1. The new landlord has started proceedings to ______ all the tenants.

2. The jury was unable to ______ a unanimous decision.

3. The policeman warned him that it was illegal to ______ evidence.

4. Are you ready to ______ in court that this is what happened.

5. This evidence is hearsay and I call upon the court to ______ it.

6. The prisoner’s behaviour has been good and I am going to ______ him for parole.

7. The management and the union could not agree and they called in an industrial tribunal to ______.